Terms of Service

Please read these Terms of Service carefully before using the website located at davannis.rest (the "Website") or any services offered by Davanni's (the "Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise interacting with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease use of the Website and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at davannis.rest, or by placing a food order, making a reservation, or otherwise engaging with Davanni's services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Davanni's. If you are using our Website or services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In that case, "you" refers to both you as an individual and the entity you represent.

We reserve the right to update, modify, or replace these Terms at any time. We will make reasonable efforts to notify users of material changes by posting an updated version on the Website with a revised effective date. Your continued use of the Website or our services after any changes become effective constitutes your acceptance of the revised Terms.

You must be at least 13 years of age to use this Website. If you are under the age of 18, you represent that you have your parent's or legal guardian's permission to use the Website and that they have agreed to these Terms on your behalf.

2. Description of Services

Davanni's is a food service business operating in the United States. Through our Website at davannis.rest, we offer the following services (collectively referred to as the "Services"):

• Online Ordering: Customers may browse our menu and place orders for food items, including but not limited to pizzas, hoagies, pasta, salads, and other menu offerings, for pickup or delivery.
• Menu Information: We provide detailed information about our food offerings, including ingredients, pricing, and nutritional information to the best of our ability.
• Catering Services: We may offer catering options for events, gatherings, and corporate functions, subject to availability and separate catering agreements.
• Promotions and Loyalty Programs: From time to time, we may offer promotional deals, coupons, discounts, or loyalty reward programs to qualifying customers.
• Customer Support: We provide customer support via email and other channels to assist with orders, inquiries, and complaints.
• Informational Content: The Website provides general information about Davanni's, including our history, locations, hours of operation, and contact details.

We reserve the right to modify, suspend, discontinue, or add to any aspect of our Services at any time without prior notice, though we will make reasonable efforts to communicate significant changes. We are not liable to you or any third party for any modification, suspension, or discontinuation of our Services.

Availability of specific menu items, delivery zones, and catering services may vary by location and time. We make no guarantee that any particular product, service, or feature will be available at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and Services, you agree to:

• Provide accurate, current, and complete information when placing orders, creating an account, or contacting us.
• Maintain the security and confidentiality of any account credentials, including passwords, if applicable.
• Notify us immediately of any unauthorized use of your account or any other security breach.
• Use the Website and Services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, federal, and international laws, regulations, and ordinances.
• Treat our staff and representatives with respect and courtesy in all communications.
• Ensure that any delivery address or contact information provided is accurate and up to date.
• Be available to receive delivery orders within the designated delivery time window communicated at the time of order.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities when using our Website or Services:

• Using the Website for any fraudulent, deceptive, or unlawful purpose.
• Placing false or fraudulent orders, including providing false payment information, false delivery addresses, or misrepresenting your identity.
• Attempting to gain unauthorized access to any portion of the Website, its servers, databases, or related infrastructure.
• Using any automated tools, bots, scrapers, crawlers, or data mining software to extract information from the Website without our express written permission.
• Uploading or transmitting any viruses, malware, Trojan horses, or any other harmful code or software through the Website.
• Engaging in any action that imposes an unreasonable or disproportionately large load on our infrastructure or server systems.
• Reproducing, duplicating, copying, distributing, selling, or reselling any part of the Website or Services without our written authorization.
• Interfering with or disrupting the integrity or performance of the Website, including by engaging in denial-of-service attacks.
• Attempting to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software associated with the Website.
• Misrepresenting your affiliation with any person or entity, including impersonating any Davanni's employee, officer, or representative.
• Collecting or harvesting any personally identifiable information from the Website without proper authorization.
• Using our Website to send unsolicited communications, spam, or promotional materials to other users.
• Engaging in any activity that violates the rights of Davanni's or any third party, including intellectual property rights, privacy rights, or contractual rights.
• Engaging in any discriminatory, harassing, threatening, or abusive conduct directed at our staff, representatives, or other users.

We reserve the right to terminate your access to the Website and Services, cancel pending orders, and take appropriate legal action if we determine, in our sole discretion, that you have violated these Terms or engaged in any of the prohibited activities listed above.

4. Intellectual Property Rights

All content available on or through the Website at davannis.rest, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Website (collectively, the "Content"), is the property of Davanni's or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Davanni's name, logo, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks of Davanni's or its affiliates or licensors. You may not use such marks without the prior written permission of Davanni's. All other names, logos, product and service names, designs, and slogans appearing on the Website are the trademarks of their respective owners.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial purposes — specifically, to browse our menu, place food orders, and interact with our Services as intended. This license does not include:

• Any resale or commercial use of the Website or its Content.
• Any collection and use of product listings, descriptions, or prices for commercial purposes.
• Any derivative use of the Website or its Content.
• Any downloading or copying of account information for the benefit of another merchant or entity.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Content terminates the permission or license granted by Davanni's and may expose you to liability for copyright infringement, trademark infringement, or other claims under applicable law. If you believe any Content on the Website infringes your intellectual property rights, please contact us at [email protected].

5. Payment Terms

5.1 Pricing

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure that pricing information displayed on the Website is accurate; however, errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at an incorrect price and to notify you of the error so that you may decide whether to reorder at the correct price.

Prices displayed on the Website may differ from prices at physical Davanni's locations. Menu prices, delivery fees, service charges, and applicable taxes will be displayed at the time of checkout before you complete your order.

5.2 Payment Methods

We accept various forms of payment as indicated on the Website at the time of checkout, which may include major credit cards, debit cards, and other electronic payment methods. By providing your payment information, you represent and warrant that:

• You are authorized to use the payment method you provide.
• The payment information you provide is accurate and complete.
• You authorize us to charge the total order amount (including applicable taxes, delivery fees, and other charges) to your payment method.

5.3 Taxes and Fees

You are responsible for paying all applicable taxes, including sales taxes, as required by federal, state, and local law. Applicable taxes will be calculated and displayed at checkout based on your delivery address or the location from which you are picking up your order. Delivery fees, service charges, or other applicable fees will also be disclosed at checkout.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you have a concern about your order — including incorrect items, quality issues, or missing items — please contact us promptly at [email protected]. We will review each situation on a case-by-case basis and may offer a replacement, store credit, or refund at our discretion. Refunds, if issued, will be processed to your original payment method within a reasonable timeframe, typically 5–10 business days, depending on your financial institution.

6. Food Safety, Allergen, and Nutritional Information

While we make every effort to provide accurate information about our food products, including ingredients, allergens, and nutritional content, we cannot guarantee that all information is free from error or that our kitchen is entirely free from cross-contamination with common allergens. If you have food allergies, dietary restrictions, or specific nutritional concerns, we strongly encourage you to contact us directly before placing an order at [email protected].

Davanni's shall not be liable for any adverse reactions or health issues arising from consumption of our food products, except to the extent directly and solely caused by our negligence. By using our Services, you acknowledge and accept this risk.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY DAVANNI'S ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DAVANNI'S EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties. If you are in such a jurisdiction, some of the above exclusions may not apply to you. In such cases, the warranties are limited to the minimum scope and duration permitted by applicable law.

Davanni's does not warrant or make any representations regarding the accuracy of any third-party websites or services linked to or from our Website. Links to third-party websites are provided solely for your convenience. Your use of such third-party websites is at your own risk and subject to the terms and conditions of those websites.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DAVANNI'S, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities.
• Loss of data or information.
• Costs of procuring substitute goods or services.
• Any personal injury or property damage arising from your use of the Services.
• Any unauthorized access to or alteration of your transmissions or data.
• Any interruption or cessation of transmission to or from the Website.
• Any bugs, viruses, Trojan horses, or similar harmful components transmitted through the Website.
• Any errors or omissions in any content posted or made available through the Website.

IN NO EVENT SHALL DAVANNI'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT PAID BY YOU TO DAVANNI'S IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE CLAIM.

These limitations of liability shall apply regardless of the legal theory under which such damages are sought, including contract, tort (including negligence), strict liability, or otherwise, and even if Davanni's has been advised of the possibility of such damages. These limitations shall apply to the fullest extent permitted by applicable United States federal and state law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Davanni's, its owners, officers, directors, employees, agents, licensors, service providers, and successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service.
• Your use or misuse of the Website or Services.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or proprietary rights.
• Any content you submit, post, or transmit through the Website.
• Your fraudulent, negligent, or wrongful acts or omissions.
• Any dispute between you and another user of the Website or Services.

Davanni's reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with Davanni's in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Davanni's.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute arising out of or related to these Terms or your use of the Website or Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Davanni's is registered and principally operates, without regard to conflict of law principles that would require the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States in the state where Davanni's maintains its principal place of business, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms and your use of the Website are also subject to applicable federal laws of the United States, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., governing consumer protection and unfair or deceptive acts or practices in commerce.
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, governing unauthorized access to computer systems.
• The Electronic Communications Privacy Act (ECPA).
• The CAN-SPAM Act, governing commercial email communications.
• All applicable food safety laws and regulations enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).
• State consumer protection laws applicable in the state(s) in which we operate.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). Please refer to our Privacy Policy for more information about these rights and how to exercise them.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to contact Davanni's at [email protected] to describe your concern and attempt to resolve the matter informally. We will make good-faith efforts to resolve any dispute, complaint, or claim within thirty (30) days of receiving your written notice. This informal resolution process is a prerequisite to initiating any formal proceedings, except where emergency injunctive relief is necessary to prevent irreparable harm.

11.2 Binding Arbitration

If an informal resolution cannot be reached within thirty (30) days, you and Davanni's agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services — including any question regarding their existence, validity, or termination — shall be resolved by binding individual arbitration administered by a recognized arbitration body in the United States (such as the American Arbitration Association, AAA) in accordance with its Consumer Arbitration Rules, except as modified herein.

The arbitration shall be conducted on an individual basis. YOU AGREE THAT YOU AND DAVANNI'S MAY EACH ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The arbitrator shall not have the authority to consolidate more than one person's claims or to preside over any form of class or representative proceeding.

The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The costs of arbitration shall be allocated in accordance with the applicable arbitration rules, provided that Davanni's shall pay any arbitration filing fees required by applicable consumer arbitration rules if you cannot afford to pay them.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Additionally, you or Davanni's may bring claims in small claims court if the claims qualify under the rules of that court.

11.4 Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH YOU AND DAVANNI'S HEREBY IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING FROM OR RELATED TO THESE TERMS OR THE USE OF THE WEBSITE OR SERVICES.

12. Term and Termination

These Terms are effective from the date you first access or use the Website or Services and shall remain in effect until terminated in accordance with these Terms.

Davanni's reserves the right, in its sole discretion and without prior notice or liability, to:

• Suspend or terminate your access to the Website or Services for any reason, including but not limited to violation of these Terms.
• Cancel or refuse to process any order at any time for any reason.
• Remove or restrict access to any Content on the Website.
• Discontinue the Website or any aspect of the Services at any time.

You may terminate your use of the Website and Services at any time by simply ceasing to access and use them. If you have an account with us, you may request deletion of your account by contacting us at [email protected].

Upon termination of your access or use of the Website and Services, all rights and licenses granted to you under these Terms shall immediately terminate. Provisions of these Terms that by their nature should survive termination — including but not limited to Sections 4 (Intellectual Property Rights), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law), 11 (Dispute Resolution), and 14 (General Provisions) — shall survive any termination of these Terms.

13. Changes to Terms

Davanni's reserves the right to modify, amend, update, or revise these Terms of Service at any time, in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where reasonably practicable, provide notice through the Website or via email.

It is your responsibility to review these Terms periodically. Your continued access to or use of the Website or Services after we post any changes to the Terms constitutes your binding acceptance of those changes. If you do not agree to the modified Terms, you must discontinue use of the Website and Services immediately.

No modification of these Terms by you shall be binding on Davanni's unless made in writing and signed by an authorized representative of Davanni's.

14. General Provisions

14.1 Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, while preserving the original intent of the parties to the greatest extent possible.

14.2 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Davanni's on the Website, constitute the entire agreement between you and Davanni's regarding the subject matter hereof and supersede all prior and contemporaneous agreements, communications, representations, and understandings, whether oral or written, between you and Davanni's relating to the Website and Services.

14.3 No Waiver

The failure of Davanni's to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision, nor shall any single or partial exercise of a right or remedy preclude any further exercise of that or any other right or remedy. Any waiver by Davanni's of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Davanni's.

14.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms to any third party without the prior written consent of Davanni's. Davanni's may freely assign or transfer its rights and obligations under these Terms, in whole or in part, including in connection with a merger, acquisition, corporate restructuring, or sale of all or substantially all of its assets, without your consent and without notice to you.

14.5 Force Majeure

Davanni's shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, fires, floods, wars, civil unrest, terrorism, government actions, labor disputes, power failures, internet outages, or failures of third-party service providers.

14.6 Electronic Communications

By using our Website and Services, you consent to receive communications from Davanni's electronically, including via email and through notices posted on the Website. You agree that all agreements, notices, disclosures, and other communications that Davanni's provides to you electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing email communications at any time by following the unsubscribe instructions included in such emails or by contacting us at [email protected].

14.7 Third-Party Links

The Website may contain links to third-party websites, services, or resources. These links are provided solely for your convenience and informational purposes. Davanni's does not endorse, control, or assume any responsibility for the content, privacy practices, or business practices of any third-party websites. Your use of any linked third-party website is at your own risk and subject to the terms and privacy policy of that website.

14.8 Headings

The section headings used in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of any provision of these Terms.

15. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us as soon as possible and indicate the urgency of your concern in the subject line of your email.